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  • I-539 Extension Denied

    Hello Sir,

    My parents came to USA from India on Visitor visa. They have 10 year multiple entry Visitor Visa. I-539 extension is denied, attached document.

    1. My parents came to USA on Dec 17 2009
    2. I-94 expired on June 16 2010
    3. Extension Applied on May 9, 2010
    4. Denial notice came to home on July 7, 2010, through ordinary post

    They are leaving on Jul 11, 2010

    1. What should we do?
    2. Does their Visa is void now
    3. What should we do to make their stay legal and also so they do not have any issues for next trip?
    Immihelp Support
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  • #2
    Their visa is void now. Their stay from July 7 and onwards is illegal and there is nothing you can about it.
    Immihelp Support
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    Visitor Medical Insurance for your visiting relatives.

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    • #3
      sir,

      How come any one leave the next day of the denial?? Is it OK if they leave on Jul 11

      Thank you
      Immihelp Support
      No legal advice. Use at your own risk.

      Visa and Greencard Tracker

      Visitor Medical Insurance for your visiting relatives.

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      • #4
        Even if you leave on the same day, it is one day of illegal stay.

        Immigration law does not care about practical aspects of changing tickets and traveling right away.
        Immihelp Support
        No legal advice. Use at your own risk.

        Visa and Greencard Tracker

        Visitor Medical Insurance for your visiting relatives.

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        • #5
          Lets say we have received the mail on jul12 and they had left on July 11,,,,in this case is it still illegal.
          Immihelp Support
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          Visa and Greencard Tracker

          Visitor Medical Insurance for your visiting relatives.

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          • #6
            To be more precise, it does not matter when you get the mail. Your stay is illegal from the moment your extension is denied.
            Immihelp Support
            No legal advice. Use at your own risk.

            Visa and Greencard Tracker

            Visitor Medical Insurance for your visiting relatives.

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            • #7
              But practically, how do we know it is denied until we receive the mail ...
              Immihelp Support
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              Visitor Medical Insurance for your visiting relatives.

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              • #8
                You could check online. Otherwise, you don't.
                Immihelp Support
                No legal advice. Use at your own risk.

                Visa and Greencard Tracker

                Visitor Medical Insurance for your visiting relatives.

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                • #9
                  Since it is not Registered Mail I assume we received mail after they left the USA, so in that case no issues with VISA.
                  Immihelp Support
                  No legal advice. Use at your own risk.

                  Visa and Greencard Tracker

                  Visitor Medical Insurance for your visiting relatives.

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                  • #10
                    You can assume whatever you want, but it does not change the fact.

                    If the person was in the U.S. at the moment the visa was rejected, the stay is illegal right from that moment, and visa is void.
                    Immihelp Support
                    No legal advice. Use at your own risk.

                    Visa and Greencard Tracker

                    Visitor Medical Insurance for your visiting relatives.

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                    • #11
                      What should they do repply for USA visitor Visa???
                      Are there any chances of rejection?
                      Can they reenter USA without going for Visa stamping again??
                      How do we know if the visa is really voided??
                      If they get new visa again, can they enter USA without issues??
                      Immihelp Support
                      No legal advice. Use at your own risk.

                      Visa and Greencard Tracker

                      Visitor Medical Insurance for your visiting relatives.

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                      • #12
                        They will have to apply for new visa. It is void by law.

                        When they apply for new visa, it is really up to the officer whether they will give or not. There are always chances fo rejection. If they try to enter the US too soon, they may face difficulties at the airport as well.
                        Immihelp Support
                        No legal advice. Use at your own risk.

                        Visa and Greencard Tracker

                        Visitor Medical Insurance for your visiting relatives.

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                        • #13
                          I am talking about 4-5 years from now.
                          Immihelp Support
                          No legal advice. Use at your own risk.

                          Visa and Greencard Tracker

                          Visitor Medical Insurance for your visiting relatives.

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                          • #14
                            Answer is the same.
                            Immihelp Support
                            No legal advice. Use at your own risk.

                            Visa and Greencard Tracker

                            Visitor Medical Insurance for your visiting relatives.

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